This judgment allows bail to the applicant, Ankur, under the U.P. Gangsters Act. The court relied on the applicant's prior bail history in related cases and the Apex Court's dictum in Dataram Singh, despite the grave nature of the offence.
The applicant is released on bail on furnishing a personal bond and two sureties each in the like amount.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46636 of 2020
Applicant :- Ankur Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Nasir Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By means of this application, the applicant- Ankur, who is involved in Case Crime No. 370 of 2020, under Sections 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act,1986, Police Station Shahpur, District Muzaffar Nagar, is seeking enlargement on bail during the trial.
It is contended by counsel for the applicant that gang chart reveals that there are three cases pending against the applicant and in all the cases the applicant has been enlarged on bail. Copies of the bail orders have been annexed as Annexure Nos.3, 4 and 5 to the affidavit to the bail application. The applicant is languishing in jail since 20.10.2020.
Learned A.G.A. apart from opposing the bail of the applicant does not dispute the fact that only three cases are shown against the applicant and in all the three cases the applicant has been enlarged on bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant - Ankur be released on bail in Case Crime No. 370 of 2020, under Sections 2/3 U.P. Gangsters and AntiSocial Activities (Prevention) Act,1986, Police Station Shahpur, District Muzaffar Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence
when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of this computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(viii) In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 15.12.2020 KA
Digitally signed by Justice Rohit Ranjan Agarwal Date: 2020.12.16 11:46:45 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant has made out a fit case for bail under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Whether the applicant's prior bail history in related cases justifies granting bail in the pending trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶9
(2018) 3 SCC 22 · Who else cites this
5 provisions across 3 enactments
Ankur
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rohit Ranjan Agarwal
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